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Counterinsurgency LawNew Directions in Asymmetric Warfare$
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William Banks

Print publication date: 2013

Print ISBN-13: 9780199941445

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199941445.001.0001

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Terrorism and the Laws of Multidimensional Warfare

Terrorism and the Laws of Multidimensional Warfare

(p.141) 8 Terrorism and the Laws of Multidimensional Warfare
Counterinsurgency Law

Dr. Boaz Ganor

Oxford University Press

This chapter examines problems of international humanitarian law (IHL) that arise during conflicts with nonstate actors. It shows how the protections for civilians under IHL are exploited by insurgents and terrorists, thus compromising military operations. The chapter first provides an overview of the basic humanitarian principles underlying IHL, particularly those governing the conduct of military action in international and non-international armed conflicts. It then considers the problematic nature of the principle of proportionality and the distinction between lawful and unlawful combatants within the context of terrorism. It proposes a new international legal framework that it calls “multidimensional warfare,” which takes into account four categories of actors involved in warfare, each with a different status in the conflict: combatants, militia combatants, combat-supportive civilians, and civilians (non-involved civilians and civilians involved by force.

Keywords:   international humanitarian law, civilians, insurgents, terrorists, proportionality, terrorism, multidimensional warfare, combatants, militia combatants, combat-supportive civilians

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